1 2026:CGHC:14081 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1783 of 2026 Avinash Manikpuri @ Akki S/o Lakshminarayan Aged About 20 Years R/o Ward No. 8 Simga, P.S. Simga, District Balodabazar-Bhatapara, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Of Police Station Simga, District – Balodabazar-Bhatapara, Chhattisgarh. ---- Non-applicant For Applicant : Mr. Anil Kumar Gulati, Advocate. For Non-applicant/State : Mr. Nitansh Jaiswal, Dy. Govt. Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 24.03.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 442/2025, registered at Police Station – Simga, District – Balodabazar- Bhatapara (C.G.) for the offence punishable under Sections 296, 351(3) and 118(1) read with Section 3(5) of BNS and Sections 25 and 27 of Arms Act. 2. The case of the prosecution, is that the FIR was lodged by the complainant alleging that on 13.08.2025, the applicant along with other co-accused assaulted his son Harshraj Sourabh Due to old rivalry with hand and fist and so far as the allegation of assault with knife is concerned, the same was assaulted by the Mussu @ Irfan Musalman with knife from back side, on account of which the injured received the RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 injuries on his back. On the basis of the FIR, the crime was registered against the applicant. Hence, this application. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. There are three criminal antecedents of the applicant which are pending. Though the applicant along with the co-accused is said to have assaulted the injured, but it is the co-accused who has assaulted the injured with knife, and the role attributed to the applicant only pertains to the assault by hands and fists. The applicant is in jail since 16.01.2026 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that there are three criminal antecedents of the applicant which are pending. It is further submitted that the applicant is said to have assaulted the injured with knife due to which he has sustained some injuries on his person, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that there are three criminal antecedents of the applicant which are pending, further Though the applicant along with the co-accused is said to have assaulted the injured, but it is the co-accused who has assaulted the injured with knife, and the role attributed to the applicant 3 only pertains to the assault by hands and fists, the applicant is in jail since 16.01.2026 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Avinash Manikpuri @ Akki, involved in Crime No. 442/2025, registered at Police Station – Simga, District – Balodabazar- Bhatapara (C.G.) for the offence punishable under Sections 296, 351(3) and 118(1) read with Section 3(5) of BNS and Sections 25 and 27 of Arms Act, be released on bail on his furnishing a personal bond with two sureties in the like sum to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 4 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar